RAS Pre 2021, held on 27 October 2021. Question text as printed in RPSC's booklet; answer as per RPSC's final answer key.

Rajasthan Public Service Commission presents its annual report to -

Q: What is the answer to RAS Pre 2021 Q29?

(3). Correct — option (3), The Governor of Rajasthan. Article 323(2) of the Constitution makes it the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission. The Rajasthan Public Service Commission is the State Commission for Rajasthan, so its annual report goes to the Governor of Rajasthan. The same clause then tells the Governor what to do with it. On receiving the report, the Governor causes a copy to be laid before the State Legislature, with a memorandum giving reasons in any case where the Commission's advice was not accepted. The report therefore reaches the Legislative Assembly, but through the Governor, not directly from the Commission. The idea to remember: Union Commission reports to the President; a State Commission reports to the Governor, who lays it before the Legislature.

(1)Chairperson of the Vidhan Sabha
(2)The President of India
(3)The Governor of Rajasthan
(4)Chief Secretory

Answer

(3)

Why

Correct — option (3), The Governor of Rajasthan.

Article 323(2) of the Constitution makes it the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission.

The Rajasthan Public Service Commission is the State Commission for Rajasthan, so its annual report goes to the Governor of Rajasthan.

The same clause then tells the Governor what to do with it. On receiving the report, the Governor causes a copy to be laid before the State Legislature, with a memorandum giving reasons in any case where the Commission's advice was not accepted.

The report therefore reaches the Legislative Assembly, but through the Governor, not directly from the Commission.

The idea to remember: Union Commission reports to the President; a State Commission reports to the Governor, who lays it before the Legislature.

Why the others are wrong

(1)
Chairperson of the Vidhan Sabha — The Commission does not present its report to the Speaker. Under Article 323(2) the report goes to the Governor, and it is the Governor who causes a copy to be laid before the Legislature of the State, with a memorandum on any advice not accepted.
The Assembly sees the report, but only after the Governor sends it there.
(2)
The President of India — The President receives the report of the Union Commission, not of a State Commission. Article 323(1) makes it the duty of the Union Commission to present annually to the President a report on its work.
The President then has it laid before each House of Parliament with a memorandum. For RPSC, a State Commission, clause (2) names the Governor.
(4)
Chief Secretory — Article 323 gives the Chief Secretary no part in the report. It names only the Governor, who receives the State Commission's report, and the State Legislature, before which the Governor lays it.
The reasons for any non-acceptance of the Commission's advice travel with the report, in a memorandum the Governor lays alongside it.

Concept

Article 315(1) provides for "a Public Service Commission for the Union and a Public Service Commission for each State". The Constitution ties each Commission to its own executive head.

For a State Commission, Article 316(1) has the Governor appoint the Chairman and members, and Article 323(2) has the Commission report to the Governor every year.

The report does not stop with the Governor. The Governor must lay it before the Legislature with a memorandum explaining the reasons in any case where the Commission's advice was not accepted.

A Joint Commission, which Parliament may provide for by law under Article 315(2) when two or more States agree and their Legislatures pass resolutions, reports to the Governor of each State it serves, on the work done for that State.

RPSC's syllabus lists, under Political and Administrative System of Rajasthan, "Institutions: Rajasthan Public Service Commission, State Human Rights Commission, Lokayukt, State Election Commission, State Information Commission."

Other Articles set the Commission's terms. Article 322 charges its expenses, including salaries and pensions of members and staff, on the Consolidated Fund of the State.

Article 316(2) fixes a member's term at six years or until the age of sixty-two, whichever is earlier. Article 317 allows removal only by order of the President.

Through the annual report and its memorandum, the reasons for not accepting the Commission's advice are placed before the Legislature.

Key facts

Article 323(2): a State Public Service Commission presents an annual report on its work to the Governor of the State.
The Governor lays a copy before the State Legislature with a memorandum explaining any non-acceptance of the Commission's advice.
Article 323(1): the Union Public Service Commission presents its annual report to the President, who lays it before each House of Parliament.
A Joint Commission reports to the Governor of each State it serves, on the work done for that State.
Article 322: a State Commission's expenses are charged on the Consolidated Fund of the State.

Who receives a Public Service Commission's annual report (Article 323)

Union Public Service Commission→President → each House of Parliament

State Commission (e.g. RPSC)→Governor → State Legislature

Joint Commission→Governor of each State served → that State's Legislature

Each report goes with a memorandum on any advice not accepted.

Study next

Appointment and term of RPSC members: Article 316Removal and suspension of members: Article 317Functions of Public Service Commissions: Article 320Joint State Public Service Commissions: Article 315(2)Reports of other constitutional bodies to the Governor, such as the State audit reports under Article 151(2)

Common traps

Choosing the Speaker because the report ends up in the Assembly. The Commission presents it to the Governor, who lays it before the Legislature.
Mixing the Union and State routes. The UPSC reports to the President; a State Commission reports to the Governor.
Assuming the appointing and removing authorities are the same. The Governor appoints RPSC members, but removal is only by order of the President under Article 317.

A question can ask to whom a State Public Service Commission presents its annual report, as here.

A question can also ask who lays that report before the Legislature, or what must accompany it when the Commission's advice was not accepted.

Related PYQs

RPSC_2023_PRE_GS_Q322023Open & attempt →

Consider the following statements regarding Rajasthan Public Service Commission : (i) The chairman and members of the commission are appointed by the Governor of Rajasthan. (ii) The chairman or any other member of the commission shall only be removed from his office by order of the President.

(1) Neither (i) nor (ii) is correct.
(2) Both (i) and (ii) are correct.
(3) Only (ii) is correct.
(4) Only (i) is correct.

Answer(2)

Same Commission, other provisions: that question asks whether RPSC's chairman and members are appointed by the Governor and removable only by order of the President (RPSC key: option (2), both correct). This question asks to whom RPSC presents its annual report.

Practice

practice — not a real PYQ
Under Article 323(2), when the Governor lays a State Public Service Commission's annual report before the Legislature, what must accompany it?
- (a)The Chief Minister's certificate of approval
- (b)A memorandum explaining the reasons for non-acceptance of the Commission's advice, if any
- (c)The Comptroller and Auditor-General's audit report
- (d)The Speaker's comments
Answer(2) — Article 323(2) requires a memorandum explaining, as respects any cases where the Commission's advice was not accepted, the reasons for non-acceptance. The Article asks for no Chief Minister's certificate (1), CAG report (3) or Speaker's comments (4).
practice — not a real PYQ
A Joint State Public Service Commission presents its annual report to —
- (a)The President of India
- (b)The Governor of the largest State it serves
- (c)The Governor of each of the States it serves
- (d)Parliament directly
Answer(3) — Article 323(2) makes it the duty of a Joint Commission to present annually to the Governor of each of the States it serves a report on the work done for that State. The President (1) receives the Union Commission's report; neither the largest State's Governor alone (2) nor Parliament directly (4) is named.